Ajay Adiwasi vs The State Of Madhya Pradesh
2023 Latest Caselaw 18679 MP

Citation : 2023 Latest Caselaw 18679 MP
Judgement Date : 6 November, 2023

Madhya Pradesh High Court

Ajay Adiwasi vs The State Of Madhya Pradesh on 6 November, 2023

Author: Binod Kumar Dwivedi

                                     1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                             CRA No. 6721 of 2023
               (AJAY ADIWASI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 06-11-2023
        Ms. Arti Dwivedi- Advocate for the appellants.

        Mr. Prasannjeet Chatarjeet- Panel Lawyer for the respondent/State.

Heard on I.A. No.11141/2023 an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant arising out of judgment dated 02.09.2022 delivered in ST No. 172/2021 by

District Judge, Panna.

The appellant No.1 has been convicted under Section 307 of IPC and sentenced to undergo R.I. for 5 years with fine of Rs.1000/- and appellant No.2 has been convicted under Section 307/34 of IPC and sentenced to undergo R.I. for 5 years with fine of Rs.1000/- with default stipulations.

Learned counsel for the appellants submitted that appellants are innocent person and have been falsely implicated in this case. They are in custody since 28.10.2021. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellants may be suspended and they be released on

bail.

The prayer is opposed by learned Panel Lawyer. Taking into consideration the over all evidence on record and looking to the custody period of the appellants, coupled with the fact that hearing of this appeal is not possible in near future, I deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No.11141/2023 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellants is hereby suspended and it is directed

that the appellants be released on bail on their furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) eac h with one solvent surety each of the like amount to the satisfaction of the trial court with a further direction to appear before the concerning trial court on 10.01.2024 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

List the case for final hearing in due course. C. c. as per rules.

(BINOD KUMAR DWIVEDI) JUDGE

vibha

VIBHA PACHORI 2023.11.07 13:32:23 +05'30'